Pregnant Bartender at Topless Bar Sues After Being Fired

Jennifer Paviglianiti, 29, of Centereach, N.Y., has filed an interesting discrimination lawsuit against her former boss, John Doxey and the Cafe Royale Gentleman’s Club (a topless bar). When she became pregnant, she was allegedly fired because her new image was not what the club members expected.

Paviglianiti filed charges of discrimination with the United States Equal Employment Opportunity Commission (EEOC) alleging “cause of discrimination” is based on “sex, retaliation, perceived disability, and pregnancy.” She quotes Doxey as telling her that customers are “not coming in to see sexy bartenders that are pregnant and bulging out.”

What makes this case particularly interesting is that Paviglianiti has produced a tape showing her arguing with Doxey. On the tape, Doxey reportedly states “A pregnant woman behind the bar, in a topless bar, I’m beginning to think that it’s hurting the registers and you’re incapable of fulfilling all of your job duties. . . . I’m not saying that you’re not trying, OK, but number one, I don’t want nothing to happen to you…they’re not coming in to see sexy bartenders that are pregnant that are bulging out, I’m sorry… Each week you’re getting bigger and bigger, and uh, more unsexy, unsexy, OK….I’m not saying that you’re not ringing the register, I just said there’s all different things and aspects, customers don’t wanna come in and see a pregnant woman behind the bar. Why can’t you get that through your head, you’re not getting it.” He better hope that this is not a jury trial with any women on the panel.

This could create a fascinating debate over the meaning of a bona fide occupational qualification (BFOQ) under the Civil Rights Act which states:

Notwithstanding any other provision of this subchapter … it shall not be an unlawful employment practice for an employer to hire and employ employees … on the basis of his religion, sex, or national origin in those certain instances where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise.

We have seen such cases arises in businesses that hire based on beauty, here and here.
United States Code Title 29 (Labor), Chapter 14 (age discrimination in employment), section 623 (prohibition of age discrimination) establishes that “It shall not be unlawful for an employer, employment agency, or labor organization (1) to take any action otherwise prohibited under subsections (a), (b), (c), or (e) of this section where age is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business, or where the differentiation is based on reasonable factors other than age, or where such practices involve an employee in a workplace in a foreign country, and compliance with such subsections would cause such employer, or a corporation controlled by such employer, to violate the laws of the country in which such workplace is located.”[

There are some very strange people. One would think that if you were googling up “Water Sports” you could get things only related to water skiing. Not some of the things that I found. There are definitely some unusual folks out there. Can I say sick. Ok, sick.

I will address this with you tonight since you have inquired. You seem to have some mother identity issues that need to be dealt with on a much longer term basis but for tonight the subject matter that will be dealt with is the question that you asked.

“Gerty -aka Jacob Marley 1, March 2, 2010 at 8:55 pm

Its a topless bar right?

What happens to womens breasts when they’re pregnant?”

Of course everyone knows this but the one in such mother identity denial. But since time is short. I will answer it such as this. Your head get bigger. Do you not agree?

So this is going to be much more complex than I first imagined Mr. Gerty. You will have to resolve these present issues with a sudo inflatable person in which you can take your appropriate aggressions upon. This will take a little longer, however with proper guidance from myself and staff we can heal the wounds more quickly.

I am so sorry to hear that you mother is deceased. Please accept my sincerest sorrows.

Why kind of case did you imagine? A case of beer, scotch, whiskey? Are you into substance abuse. It is not at all uncommon for some to seek solace from these. Ya, I understand you needs. Please keep talking, please.

This is good for you. You are in the company of the people that care most for you. Please do tell us more. Do you like bridges? You make reference to $$$$ signs and trolls? Do you think you are regressing at the present time?

Mister Turley? Every single time someone doesn’t like what I have to say I hear about it. I get dragged into these things over and over and when I respond I”M the one who hears about it. I’m the one who’s lectured. That a$$hole Mespo you pal around with follows me from thread to thread and harasses me and NOTHING gets said to him. Last night he came into a thread where I was quietly chatting with Slarti about something and started calling me a PIG. And I said NOTHING to him.

And neither did you, or anyone except for Slarti.

Well I’m sick of it. You invited me to stay and not let anyone drive me off, but enough is freakin enough. This was a fun thread and I made a simple fun on topic comment. And for that I’ve got have my MOTHER dragged through the mud by this chickensh#t worm hiding behind his keyboard??? And no one says a damn thing to him? If I followed people around like this and harassed them like he’s doing to me I’d be banned for life and you know it!

So the rules are clearly balanced in the favor of a$$holes like mespo and his sockpuppet brigade, so you’re welcome to them. Who needs this sh#t?

Enjoy your “award winning” blog, blawg or whatever the hell you wanna call it because to me its a just a sh$thole full of turds that you can never quite flush.

Like this piece of sh$t calling itself Dr Freud but who we all know it really is. Don’t we.

While I do enjoy the persona that is Dr. Freud, as well as the brilliant C. Moore Bull, I can state unequivocally that I am neither. JT can easily verify this. (In fact, I have never used any name other my own on any posting on this blog.) I do believe we owe them a debt of gratitude however for ridding us of the foul mouthed Gerty. So good night, Dr. & C. Moore, wherever (and whoever) you are!

Not what the customers expected? They’re in a bar that promotes sex….guess what happens sometimes when people have sex….one of them becomes pregnant!
No woman should ever have to face losing her job because she is doing something that her body was made to do. I hope she is awarded enough money that John Doxey loses his club, because he is certainly no gentleman!

I just don’t understand you guys. I try and fit in and when I attack you for your ideals and bring the thread to a screeching halt because I do not like some ridiculous answer you have given me and then bait you until I get the answer I want so then I can attack you as a person cannot accept me for who I am.

You people have a need to learn some humility. I am never going to come back to this abuse again. Just remember, I am right and you are so wrong. Can’t you get that through your thick dumb skulls. I am always smarter than any and of all of you combined. Get over it, A$$wipes.

“I just don’t understand you guys. I try and fit in and when I attack you for your ideals and bring the thread to a screeching halt because I do not like some ridiculous answer you have given me and then bait you until I get the answer I want so then I can attack you as a person cannot accept me for who I am.”

****************

For the record, he’s my motivation: You are a bright person with mostly intelligent things to say. However, like a boorish house guest you insist on dominating the conversation with incessant consecutive posts. You do that to the exclusion of other posters I would like to hear on the subject like Mike S and FFleo who are now almost extinct from the blog. Bottom line with me is that you don’t play by the civility rules you demand from others, and then, when called on it, you launch a profanity filled tirade to vindicate your bruised ego. I welcome your inclusion in the blog, but like every other social group there are mores and you have seen fit to run amok through them.

This is a group of bright, witty, passionate people and we meet here daily to discuss topics broached by our host and some we dream up on our own. It is a unique island amidst the trash of the blogosphere and we jealously guard it. You ably qualify on all counts save only the basic rule which is to let other folks speak. It’s really a very simple process, in my view: take your stand, listen, listen again, and then respond respectfully, and, if only for my sake, with some wit and verve. Don’t take things personally (they aren’t meant that way) and enjoy the back and forth.

Sermon over, and you have my assurance you will not hear any comment from me that you have not solicited in the first place.

Mespo727272, it seems you have issues over sex with gerty. Perhaps having relations with your mother at an early age brought these memories on? Suckling past the age of 14 after all is not considered healthy.

[…] 3, 2010 by thescoundrel In a case of stupid is – as stupid does, a “topless” bar in the State of New York fired a bartender for being pregnant. The result is the bar will be taken to court in a workers […]

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I don’t think anyone used anyone else’s nom de plume they just created new ones. I read those this morning and was lol a lot. There were no personal attacks, they seemed to know something about psychology.

So — whats the world coming to. It seems that to become a monther in America is just not a good thing any more. I’ll add a story to yours. I heard a story from a very reliable friend that a senior manager at Babies R Us was fired just before she began her maternity leave in the Spring of this year. What on earth is happing when a large corporation that sells baby stuff fires it’s staff when they have babys!! I think Babies R Us is owned by Toys R Us. Maybe the plastic fumes have addled senior managmements heads.